The Supreme Court of Cassation met in plenary session on 8 and 9 February 2018 to analyse Amendments I to XIII contained in the Working Draft of Amendments to the Constitution of Serbia as provided by the Ministry of Justice for consideration by the Court.
In considering the proposed amendments, judges of the Supreme Court of Cassation referred to the current provisions of Chapter 7, ‘Courts’, of the Constitution of Serbia (‘the Constitution’), as well as key principles of the Constitution, in particular separation of powers (Article 4), and constitutional provisions on human and minority rights.
Amendments I through XXIV are an integral part of the Constitution of the Republic of Serbia, which shall enter into force at the day of promulgation by the National Assembly. A Constitutional Act shall be passed to implement the Amendments I through XXIV of the Constitution.
As a contribution to the debate on the Working Version of the Draft Amendments to the Constitution of the Republic of Serbia (hereinafter referred to as: the Working Version), on 20 February 2018 the Judges Association of Serbia and the Prosecutors Association of Serbia have organised a Public Hearing of Professors that was attended by fifteen eminent experts from the fields of constitutional law, theory of state and law, and judicial-organisational law.
At their session of 19 February 2018, the State Prosecutors’ Council, pursuant to art. 164, para 1 of the Constitution of the RS and art. 13, para 1, item 14 of the Law on the State Prosecutors’ Council, considered the working version of draft Amendments to the Constitution and issued the following…
With regard to the completion of the constitutional amendment process the Justice Ministry of the Republic of Serbia has been conducting, the Judges’ Association of Serbia1 , the Association of Public Prosecutors and Deputy Public Prosecutors of Serbia2 , the Judicial Research Centre – CEPRIS3 , the Association of Judicial and Prosecutorial Assistants of Serbia4 , the Association of Judicial Associates of Serbia5 , the Lawyers’ Committee for Human Rights – YUCOM6 and the Belgrade Centre for Human Rights7 are issuing the following OPEN LETTER
Any constitutional reform requires a particularly pressing need within society for altering constitutional provisions governing particular issues, most crucially the functional and territorial organisation of government. It was not professional associations of judges and prosecutors that called for amendments to provisions of the Constitution of Serbia (‘the Constitution’) that regulate the judiciary: rather, it was the Government itself that identified the need to modify the Constitution in this regard
Belgrade, 27 February 2018 PRESS RELEASE Concerning the published working draft of amendments to the Constitution of Serbia and consultations begun at the invitation of the Ministry of Justice Members…
The High Judicial Council (HJC), an independent and autonomous body established under the Constitution of Serbia to guarantee and ensure the independence and autonomy of courts and judges, met on 25 January 2018 (when it issued a press release) and 13 February 2018 to consider the Working Draft of Amendments to the Constitution of Serbia released by the Ministry of Justice.